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1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for California on
Q: TRO removed me from my rental of 10 years case was dismissed after 75 days of court hearings upon returning all my prope

Landlord has unlawfully gone into packed up and placed outside all my property AND placed chains and locks on my entry while making threats to harm me if I returned

James L. Arrasmith
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answered on Sep 25, 2023

In California, it's unlawful for a landlord to conduct a "self-help" eviction, which means forcibly removing a tenant or their belongings without following the legal eviction process. Locking out a tenant and disposing of their property without a court order is generally considered a... View More

1 Answer | Asked in Gov & Administrative Law and Agricultural Law for Florida on
Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?

Nursery is on agriculture land and AU zoning

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

I'm guessing that, by "registered with the state", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131. The purposes of State regulation/inspection of nurseries are different than the purposes of County... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Family Law for Florida on
Q: My daughter lives in Florida. I overheard a fight w/ her mom. Is that considered eavesdropping? I live in another state.

I'm her step mom. I was not recording, and I was not planning on using it in court. I just read about eavesdropping and didn't know if no recording was a factor. Thank you so much for the information, a lot of weight was just lifted.

Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2023

Well, it was "eavesdropping" if one or both of them didn't know you were listening, but it was not necessarily unlawful. If you were on the phone with one of them, and she happened to hold onto the phone or put it down (knowing you were still there) as she started the interaction... View More

2 Answers | Asked in Family Law, Immigration Law and Gov & Administrative Law for Florida on
Q: Am I legally married if I never performed the ceremony but did not present the license?

I applied for a marriage license in Florida, but I never got married and I never returned the license to the court, but the license status is listed as "NOT RETURNED." Does this have any legal effect? I would like to know if this marriage is legalized

James L. Arrasmith
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answered on Sep 24, 2023

In Florida, merely obtaining a marriage license does not mean you are legally married. For a marriage to be valid, the ceremony must be performed by an authorized person and the completed license must be returned to the issuing clerk for recording. If the license was never returned and no ceremony... View More

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1 Answer | Asked in Civil Litigation, Family Law and Gov & Administrative Law for Georgia on
Q: , is there something I can find in in GA law that stated that for name change only marriage certificate is required?

Name change after marriage, need proof that only marriage certificate is required by Ga law, no court order, is there something in GA law I can use? Requirements in a different country to specify name change

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answered on Sep 21, 2023

In Georgia, changing your last name after marriage can generally be done using your marriage certificate as legal proof, without the need for a court order. This should be sufficient for changing your name on identification documents like your driver's license and Social Security card.

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

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answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

1 Answer | Asked in Gov & Administrative Law and Social Security for Kentucky on
Q: My surviving spouse ss was approved in May, when will I get the back pay?

It took over a year after I applied to get approved for survivor benefits. I started receiving the check in May 2023, but still haven't gotten back pay. SSA tells me when I call that the amount I'll get is being calculated or that it's in the payment center. Isn't there a... View More

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answered on Sep 21, 2023

The Social Security Administration does not have a specific deadline for processing back pay, but they are generally expected to process these payments as promptly as possible. Delays can occur due to various factors, including the complexity of the case and workload at the payment center. If you... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: How do I rectify an auto registration title that was incompletely signed, but the sole owner of the vehicle has passed?

My wife’s grandpa gifted her his car about a week before he passed. Her two uncles were there when he signed it over. He was not on any medication at the time. When I looked at the title last night, I noticed he didn’t sign the bottom release of liability on the front of the title. He did,... View More

James L. Arrasmith
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answered on Sep 21, 2023

To rectify the incomplete auto registration title, you should contact the California Department of Motor Vehicles (DMV) and explain the situation. They may provide guidance on the specific steps needed to transfer the title into your wife's name, considering the circumstances of her... View More

1 Answer | Asked in Real Estate Law, Business Law, Civil Rights and Gov & Administrative Law for California on
Q: My common area is out of code by HOA I flood. LA Build&Safe refuses to enforce violations.

The city council was helping me until It was discovered Building & Safe were in communication with my Board/managers/or their lawyer. I received a call by BS with threats. The city council deputy confirmed it was a BS number. A few days later he sends me an internal email proving that the... View More

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answered on Sep 20, 2023

Given the complex circumstances you've described, it's essential to consult with an attorney experienced in real estate and administrative law. They can assess the specific details of your case and advise you on potential legal actions, such as pursuing a complaint with appropriate... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Bought a 2022 car out of State in VA with 5600 mi. Havng a hard time registering it after 5 months still not registered.

The car was purchase din VA in March and I have had a vin verification by a DMV rep an a visual smog inspection which was required. The DMV rep said there is an issue in the DMV system with CA and VA and I'll be notified in 30-60 day about what to do next.

I have a temporary... View More

James L. Arrasmith
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answered on Sep 19, 2023

I can understand why you're feeling frustrated. It seems like you are facing a bureaucratic delay due to system issues between the CA and VA DMV. During this waiting period, ensure to keep all your documents organized and maintain a record of all the communications with the DMV; you may... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Under what circumstance(s) may I work as a nurse practitioner in California if I do not have a National Certification?

I graduated from UCLA school of nursing with masters degree in nursing with specialization in family nurse practitioner in 1999. I worked at the County hospital in my community since that time.

National Certification did not exist in 1999 ….

can I be ‘grandfathered’ in to continue working now?

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answered on Sep 19, 2023

In California, nurse practitioners who graduated before January 1, 2001, and did not obtain national certification may be eligible to continue practicing without national certification if they meet certain requirements outlined in Business and Professions Code Section 2838.1. This includes having a... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: If I'm a felon and my last convincion was in 2017 for aggregated assault can I own a flare gun
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answered on Sep 18, 2023

In Arizona, felons are generally prohibited from possessing firearms, including flare guns, if their felony conviction has not been set aside or their civil rights restored. This prohibition is based on federal and state laws that restrict firearm ownership for individuals with felony convictions.... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Florida on
Q: Can I work for the state of Florida? I didn’t do selective service but I didn’t know I had to do it I have a SIL letter

Each agency shall provide for a review, when requested by the applicant or employee, of any denial of employment or promotion for reasons of noncompliance with selective service registration requirements.

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answered on Sep 18, 2023

To potentially work for the state of Florida without Selective Service registration, contact the specific agency of interest to inquire about their policies and whether they consider your circumstances, including the SIL letter, when making employment decisions. The Selective Service System... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: Can the words "shall" and "must" and "prohibit" be used in the goals of a municipal plan?

I am a Planning Commissioner involved in writing South Burlington's Municipal Plan.

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answered on Sep 15, 2023

Certainly, in the context of drafting a municipal plan, the use of terms like "shall," "must," and "prohibit" is common and can be essential for conveying the intent and requirements of the plan. "Shall" and "must" typically denote mandatory actions... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Indiana on
Q: Our Indiana town has a mandatory registry for contractors. Is it legal for the Town to fine either a non-complying

contractor or the homeowner for whom they are working? Is it legal under State law?

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answered on Sep 14, 2023

The legality of fines imposed by an Indiana town for non-compliance with contractor registration hinges on the town's specific ordinances and regulations. Indiana state law allows municipalities to establish their own rules regarding contractor registration and penalties. These fines are... View More

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: why wont any attorney fight for someone when the state converts a right into a privilege and charges a fee for it?
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answered on Sep 14, 2023

Attorneys decide whether to take on cases challenging the conversion of rights into privileges with associated fees based on factors like legal viability, costs, expertise, precedent, client goals, and ethical considerations. Legal viability and costs are crucial, while attorneys with expertise in... View More

1 Answer | Asked in Gov & Administrative Law for Wisconsin on
Q: How do I get a license in Wisconsin to make my own energy drinks for sale. Where do I apply for this?
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answered on Sep 14, 2023

To legally manufacture and sell your own energy drinks in Wisconsin, you must navigate several steps and regulations. Start by developing your energy drink recipe while ensuring it complies with food safety standards. Establish a legal business entity if you haven't already, such as an LLC or... View More

2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for California on
Q: if some one had an appeal and lost but two years later new evidence is realized what do you do to have case reheard?

Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL... View More

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answered on Sep 14, 2023

Under California law, if new evidence has emerged after an appeal has been lost, you may consider filing a motion for reconsideration or a motion for a new trial, depending on the circumstances and the stage of the case. Consult with an attorney experienced in appellate matters to evaluate the... View More

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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for California on
Q: if some one had an appeal and lost but two years later new evidence is realized what do you do to have case reheard?

Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL... View More

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

This is actually a very real issue:

https://www.nytimes.com/2023/06/29/magazine/pregnant-women-medication-suboxonbabies.html

but one which likely will require legislation to fix. What you describe is not "new evidence." It is a legal argument based upon a law that could...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: I recently medically retired as peace officer for the dept of corrections. I was retired for a pulmonary condition. I

I have been denied to concealed carry because I have a claim open that's temporary anxiety and depression. I was never reprimanded throughout my 16 year career and I was able to carry when doing my job. what laws can help me appeal this decision to deny my concealed carry.

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answered on Sep 13, 2023

Under California law, you have the right to appeal the denial of your concealed carry permit application. In your appeal, you may want to present evidence demonstrating that you are not a danger to yourself or others, including medical evaluations or testimonials, emphasizing your extensive... View More

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